Moscow_______2018
Hereinafter referred to as the "CUSTOMER", on the one hand, and IP Sokolov Sergey Viktorovich, acting on the basis of a certificate of state registration as an individual entrepreneur No. 356634574 dated February 16, 2017 TIN: 442100779729, OGRNIP: 317440100004355 hereinafter referred to as the "CONTRACTOR", on the other hand, hereinafter referred to as the "PARTIES", have concluded this agreement as follows:
1. The Subject of the Agreement
1.1. Contractor, in accordance with the following documentation agreed by the Parties:
- terms of reference for the manufacture of a house from a bar of _____ meters (Appendix No. 1 to the Agreement),
- architectural and planning solution Houses made of timber ______ meters along individual project(Appendix No. 3 to the Agreement);
and within the terms specified in clause 4.4 of the Agreement undertakes to: Deliver to the Customer a set of material necessary for the construction of a house of ______ meters from a bar of _______ mm. natural humidity, on the basis of the project (Appendix No. 3 to the Agreement) at the Customer's site (cadastral number) at the address: _______________________________________________________________________________.
To carry out the construction of the Facility, in accordance with the terms of this Agreement, and the Customer undertakes to accept the result of the work and pay for it in the manner prescribed by this Agreement.
1.2. The Contractor undertakes to perform all the work specified in clause 1.1. of this Agreement, on its own.
1.3. All issues related to the technology of work performance, ensuring the proper quality of work and materials, technical supervision of the work performed are entirely the responsibility of the Contractor.
2. Cost and payment procedure
2.1. The cost of work under this Agreement is determined by the contract price, which includes the cost building materials and the cost of construction of the Facility, which at the time of signing the Agreement is _____________________________ rubles 00 kopecks. Payment is made in rubles, by depositing cash. Transportation costs are included in the cost of the Contract. The cost of building materials and services for the period of the contract is fixed and cannot be changed.
2.2. Payment is made in stages:
2.2.1 The advance payment is ____________________ rubles 00 kopecks, VAT free, made at the time of signing the contract.
2.2.2 Payment for the supply of material is _____________________ rubles 00 kopecks, VAT is not charged - at the time of acceptance of the material at the construction site.
2.2.3 Payment for the work performed - the installation of the roof and the delivery of the Facility under the terms of this Agreement is ____________________________ rubles 00 kopecks, VAT free, at the time of signing the acceptance certificate for the work performed.
2.3. An increase in the cost of work (clause 2.1. of this Agreement) in the process of fulfillment by the Parties of the terms of this Agreement is not allowed, with the exception of changes in the scope of work, in this case, an increase in the cost of work is formalized by an additional agreement to the Agreement.
2.4. The Customer, upon receipt from the Contractor of the completed Acceptance Certificate of the completed stage of work, signs the specified Certificate or sends the Contractor a reasoned refusal to sign the Certificate, which is the basis for a joint inspection of the facility and determining the timing of the elimination of defects.
2.5 Acceptance of the completed construction of the Facility is carried out after the Parties have fulfilled all obligations stipulated by the Agreement in accordance with the established procedure that was in force on the date of its signing.
2.6. Each fact of payment is confirmed by a signed Certificate of acceptance of work performed or a document confirming payment for the work of the Contractor (Receipt for receipt of funds).
2.7. In case of termination of the contract at the initiative of the CUSTOMER for reasons beyond the control of the CONTRACTOR, payment is made for the actual amount of work. The CUSTOMER is obliged to notify the CONTRACTOR in writing about the termination of the contract within three days.
3. The quantity and quality of building materials, and the types of work performed.
3.1. The types and volumes of supplied building materials are made by the CONTRACTOR on the basis of the terms of reference for the manufacture of the house and the architectural and planning solution agreed with the CUSTOMER and which is an integral part of this CONTRACT.
3.2. All lumber supplied by the CONTRACTOR has a natural moisture content, unless otherwise agreed separately.
3.3. Kinds construction works is given in APPENDIX No. 1.
4. Terms and procedure for the supply of building materials and performance of construction work.
4.1. The CONTRACTOR delivers building materials by car to the CUSTOMER's site, located at the address: _____________________________________ no later than "" ____________ 2018.
4.2. The CUSTOMER must be notified at least 24 hours in advance of the exact date and time of delivery of building materials. The message must contain the name of the vehicle; shipment date; time; volume; arrival at the site of the CUSTOMER.
4.3. The delivery time can be changed upwards only by agreement of the PARTIES, on the basis of a reasoned reason, which is formalized by an additional agreement to the Contract.
4.4. The work performed by the CONTRACTOR under this contract must be completed no later than "" __________ 2018.
4.5. In case of early completion of work, the CUSTOMER accepts and pays for the work ahead of schedule.
5. Obligations of the parties.
5.1. The EXECUTOR undertakes:
5.1.1 Perform all work on the construction of the Facility in the amount and within the timeframe stipulated by the Agreement, and hand over the Facility to the Customer on time in a condition that ensures its normal operation.
5.1.2. Provide:
- performance of work in full compliance with the documentation specified in clause 1.1 of the Agreement;
- timely elimination of deficiencies and defects identified during the acceptance of work and during the warranty period of operation of the Facility;
- timely delivery and acceptance of materials to the Facility.
5.1.3 During the course of work at the construction site, ensure the necessary measures for safety, rational use of the territory, protection of the environment, green spaces and land.
5.1.4 Remove, within 10 days from the date of signing the certificate of acceptance of the completed construction facility, outside the construction site, the construction machines, equipment, inventory, tools, building materials, temporary structures and other property belonging to the Contractor belonging to the Contractor.
5.1.5 Upon completion of the construction of the Facility / stage of construction of the Facility, within two days, notify the Customer of this by e-mail or other accessible way, to draw up an act of acceptance of the Facility / stage of construction of the Facility.
5.1.6 Immediately notify the Customer and, until instructions are received from him, suspend work upon detection of:
- possible adverse consequences for the Customer of the fulfillment of his instructions on the method of performing the work;
- other circumstances beyond the control of the Contractor that threaten the suitability or strength of the results of the work performed or make it impossible to complete it on time.
5.2. The CUSTOMER undertakes:
5.2.1 Carry out (if necessary) technical supervision of construction.
5.2.2 Ensure accommodation of the Contractor's construction team in close proximity to the construction site of the Facility, unless otherwise agreed.
5.2.3 Provide temporary communications connections, including power supply of the construction site for the period of work at the construction site.
5.2.4. Provide unobstructed access ways (vehicles with a maximum weight of up to 25 tons and a length of up to 9-12 m) for unloading and storing material.
5.2.5 Provide the possibility of unloading the material in the immediate vicinity of the place of the future building.
5.2.6 Agree with the Contractor a place for storing construction waste and debris generated during the performance of work.
5.2.7 Timely pay for the material and work performed, in accordance with paragraphs. 2.2.1. – 2.2.3. actual agreement.
5.2.8 Provide the contractor with a signed layout of the construction object on the land plot.
5.3. In case of termination of the AGREEMENT due to the fault of the CUSTOMER, the prepayment received by the CONTRACTOR is not returned, but the material is transferred equivalent to the amount spent.
5.4. In case of termination of the CONTRACT through the fault of the CONTRACTOR, he is obliged to return to the CUSTOMER all previously received from him cash.
6. Force majeure (force majeure).
6.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement, due to circumstances arising beyond the will and desire of the PARTIES after the conclusion of the CONTRACT as a result of emergency events and which the party could not foresee or avoid, including civil unrest, epidemic, blockade, earthquakes , floods, fires and others natural disasters as well as a strike.
6.2. If, as a result of force majeure circumstances, the construction suffered significant, in the opinion of one of the Parties, damage, then this Party is obliged to notify the other Party within 5 days. After that, the Parties are obliged to discuss the feasibility of further continuation of construction and accept an additional agreement with the obligatory indication of new terms, procedures and cost of work, which from the moment of its signing becomes an integral part of the Agreement, or initiate the procedure for terminating the Agreement.
7. Transfer of ownership.
7.1. After signing the Object acceptance certificate, the Customer accepts the Object under his protection and bears the risk of its possible damage.
7.2. Prior to the delivery of the Object, the Contractor shall be liable for the risk of its accidental destruction and damage, except in cases related to force majeure circumstances.
8. Warranty.
8.1. Quality guarantees apply to all structural elements and work performed by the Contractor under the Contract.
8.2. The Contractor guarantees the possibility of normal operation of the Object during the warranty period specified in clause 8.3.
8.3. The warranty for structures is given for a period of 1 (one) year from the date of signing the acceptance certificate of the finished Object:
- on the integrity of the structure,
- on the flow of the roof (the guarantee does not apply to temporary roofs: roofing felt or other similar ones).
The guarantee for drying out, bursting and turning blue of logs, lining, boards, beams does not apply.
8.4. Warranty obligations come into force from the moment the work is completed under the contract and does not apply to damage caused by third parties or the customer, due to changes in the project and in case of improper operation of the facility.
8.5. If during the period of the warranty operation of the Object, defects are found that impede its normal operation, the Contractor is obliged to eliminate them at his own expense and within the terms agreed with the Customer. In order to participate in the drawing up of an act fixing defects, agreeing on the procedure and terms for their elimination, the Contractor is obliged to send a representative within a reasonable time from the date of receipt of a written notice from the Customer. In this case, the warranty period is extended accordingly by the period of elimination of defects.
9. Other terms.
9.1 If a dispute arises between the Customer and the Contractor regarding the shortcomings of the work performed or their causes and the impossibility of resolving this dispute by negotiations, an examination must be appointed at the request of either party. Expenses for the examination shall be borne by the Party that requested the appointment of an examination.
9.2. If, in the opinion of one of the Parties, it is not possible to resolve the dispute that has arisen between the Parties through negotiations, then it is resolved in court at the location of the Contractor.
9.3. Any agreement between the Parties that entails new circumstances not provided for in this Agreement shall be considered valid if it is confirmed by the Parties in writing in the form of an additional agreement.
9.4. When performing this Agreement, the Parties are guided by the regulations and norms of the current legislation Russian Federation.
9.5. All annexes specified in the Agreement are its integral part.
9.6. This Agreement is drawn up on 8 (Eight) pages in duplicate - one for each PARTY and both have equal LEGAL VALIDITY.
10. Addresses and details of the parties.
Executor:
Individual entrepreneur: Sokolov Sergey Viktorovich
TIN: 442100779729
OGRNIP: 217440100004355
Passport: 3404 727786, issued by the Department of Internal Affairs of the Factory District of the mountains. Kostroma 07.02.2005
Registered: Kostroma region, Ostrovsky district, pos. Ostrovskoe, Parkovaya street, 7, apt. 2
Phone: 8-910-929-12-50
Customer:
________________________________________________
Passport of the Russian Federation: _____________________________________
Issued by: ___________________________________________
Registered: ________________________________
Telephone: _______________________________________
Appendix No. 1 to the contract dated ____ / _______ / 2018
Terms of reference for the manufacture of a house ____ meters
- Log house ____ meters for shrinkage from timber _______ mm. natural humidity.
- External walls - timber ____ mm.
- Internal partitions of the 1st floor - timber ____ mm.
- Internal partitions of the 2nd floor - timber ____ mm.
- Floor beams - edged timber 100x150 mm.
- Interfloor beams - edged timber 100x150 mm.
- Rafter system - edged timber 50x150 mm.
- Roof lathing - edged board 25x150 (100) mm.
- Roof gables - _______________
- Roofing - roofing material
- Roof shape - __________________
- Consumables (nagel, interventional insulation, nails, staples, etc.)
- Treatment of the lower crown and floor beams with an antiseptic
- Height of the 1st floor - ____________
- Height 2 floors - ____________
- Technological openings for windows and doors
- Assembling the corners of the house - in a warm corner
- Assembling the walls of the house - on wooden dowels
- Installation of floor and ceiling beams
- Installation of the truss system
- Installation of a temporary roof (roofing material)
- Delivery and unloading (at the entrance to the site)
Appendix No. 2 to the contract dated ____ / _______ / 2018
The act of acceptance - transfer
____/_______/ 2018
I, Contractor: Sokolov Sergey Viktorovich, Individual Entrepreneur, TIN: 442100779729, OGRNIP: 317440100004355, handed over the log house of the house built in accordance with the terms of reference and the architectural and planning solution of the House from a bar ___________ according to an individual project, in accordance with the terms of the contract dated ____/_______/ 2018, located at: ___________________________________________________________.
I, the Customer: ___________________________________________________________________ accepted it in the configuration presented in Appendix No. 1 to the contract in a condition that ensures its normal operation.
The parties have fully fulfilled their obligations under the agreement. There are no complaints about its completeness, quality of work and financial calculations.
For many Russian citizens, the issue of buying their own housing is very acute. Some people conclude with their wealthy relatives who own several properties in their personal possession. Other citizens prefer to more radically resolve the issue of housing. They are engaged in individual construction, thanks to which they get the opportunity to live in their own home.
Having gained experience, independently performing various construction and installation work, some developers are trying, which, in a good state of affairs, can bring quite tangible profits. Before coming up with a brand, the future businessman must, and then start registration activities. When planning to engage in entrepreneurship, individuals must solve the problem of transport, which will supply materials to construction sites. In this case, the problem can be eliminated as follows - to conclude with an individual entrepreneur or a commercial company engaged in transportation.
Contracts for the construction of a house between legal entities and individuals (+ samples)
The contract for the construction of a house (the sample is offered as an option by the contractor) is a document by which the parties regulate the civil law aspects of the transaction. Physical and legal entities very often they conclude such an agreement that allows them to avoid the unpleasant moments that construction is associated with. When drawing up such a document, the customer must first check the availability of permits from the contractor. If he does not have the appropriate licenses, certificates and other certificates, he provides construction and installation services illegally.
The contract for the construction of a house is regulated by the Civil Code of the Russian Federation (Articles 740-757). Parties that plan to sign such an agreement should rely on the following legal acts:
- Building regulations;
- Urban Planning Code;
- building codes;
- Federal laws governing the procedure for registering real estate, etc.
The main provisions of the contract for the construction of a residential building
The contract for the construction of a house (a sample can be taken from a lawyer) must have mandatory clauses that describe the procedure for carrying out work, the timing of their implementation, the rules for making calculations, etc. When drawing up an agreement, individuals and legal entities should not disregard the following points:
- Subject. This paragraph should describe the property that the company undertakes to build at the request of the client. If finishing works are provided in residential and technical rooms at home, this should be stated in the contract. All works that construction company will perform, must go in this paragraph list. It is mandatory to indicate the address where the construction of a residential building is planned. This paragraph, in a separate subparagraph, should contain information as to which of the parties will be involved in the preparation project documentation and budget development. As a rule, all technical documents are prepared by the contractor, after which they are submitted for approval to the customer. In accordance with the regulations of Article 744 of the Civil Code of Russia, customers have the right to make almost any changes to technical documents, but on condition that they do not contradict the conditions stipulated in the contract.
- Order and timing. In this clause of the contract for the construction of a house, the parties must specify the exact dates for the start and end of work. All stages of construction are also described. Ideally, if the agreement contains a specific date on which the act of acceptance and transfer of construction and installation works between an individual and a legal entity will be signed. This section of the contract serves to regulate the issue of materials and equipment that will be used in the construction of the property. If the customer wishes, he can independently search, purchase and deliver materials and consumables to the construction site. To do this, you can use or contact a specialized outlet.
Advice: the contractor, after signing the contract with an individual, assumes all responsibility regarding the safety of materials and the facility being built. Until the signing of the relevant act, it is the contractor who will, at his own expense, carry out repairs and restoration of all damaged property.
How is payment and acceptance-delivery of work performed?
As soon as the contractor completes the last stage of construction and installation works provided for in the contract, he must notify the customer of the complete readiness of the facility (Article 753 of the Civil Code of the Russian Federation). An individual who has received good news from the contractor is obliged to immediately begin the process of accepting works.
As for the issue of payment. Even in the process of drawing up a contract for the construction of a residential building, the parties must discuss all the points regarding the procedure for paying for construction and installation works. They could agree on the following (there is usually a payment schedule between the parties, which is an integral part of the agreement):
- the customer makes an advance payment;
- the client pays the entire amount according to the estimate after signing the act;
- an individual transfers funds to a legal entity after the completion of each stage of construction.
Upon delivery of the erected property to the customer construction firm submits to him for signature the act of acceptance and transfer of construction and installation works. After the parties have put signatures on this document, it will be considered that the work specified in the contract has been fully completed. Despite this, the contractor is not released from the responsibility to fully fulfill the obligations assumed under the terms of the agreement.
What are the parties' responsibilities?
The contract for the construction of a house, which is concluded between an individual and a legal entity, is a document that regulates the rights and obligations of the parties, as well as determining their mutual responsibility. In this agreement, the customer and the contractor may provide for penalties for violation of the terms of the contract. For example, for late payment completed work, the construction company may impose a fine on the client, the amount of which will be equal to 0.10% of the debt. It should be noted that any financial penalties that will be applied by the parties must be documented in the relevant documents (protocols).
Not only the customer who violated the payment regime can be subject to penalties. The contractor who failed to meet the agreed deadlines is subject to the penalty of "ruble". As a rule, a financial penalty in the amount of 0.10% of the total amount of construction and installation work under the contract is applied to it (for each day of delay).
Advice: if the reason for non-fulfillment of the terms of the contract was force majeure circumstances specified in the contract, then neither fines nor penalties are applied to the perpetrators.
How are conflict situations between parties resolved?
If there are any problems between an individual and a legal entity that have concluded a contract for the construction of a house and they cannot find a compromise, then their decision should be translated into a legal plane. The injured party prepares statement of claim and submits it to the court at the location of the construction site. As evidence, the contract signed by the customer and the contractor, as well as the official conclusion of an independent expert (if the contractor violated building codes).
Advice: if in the course of construction and installation work the parties need to amend the contract, they must draw up an annex that will have legal force and be an integral part of the agreement.
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If a Russian citizen decides to build a residential building, but he himself has no idea how to carry out such work, he can contact a specialized company. The parties must necessarily conclude an agreement for the construction of a house, by which an individual and a legal entity will regulate their civil law relations. After the completion of the process of erecting a residential property, the customer and the contractor sign the act. If the client has any claims, he may not sign this document until the contractor has eliminated all identified defects.
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Form of the document "construction contract wooden house(baths from a bar, country house from a bar)" refers to the heading "Household, rental, construction contract". Save the link to the document on social networks or download it to your computer.
Work agreement
for the construction of a wooden house (baths from a bar, a country house from a bar)
d. [place of conclusion of the contract] [day, month, year]
Citizen of the Russian Federation [F. I. O.], [day, month, year] of the year of birth, hereinafter referred to as the "Customer", on the one hand, and
[full name of the tenant] represented by [position, full name], acting on the basis of [name of the document confirming the authority to act on behalf of the legal entity], hereinafter referred to as the "Contractor", on the other hand, and together referred to as the "Parties ", have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Contractor undertakes, on his own (with the right to engage third parties - subcontractors) and material and technical means, on the instructions of the Customer, to perform work on the construction of a in accordance with the terms of this contract, the design and estimate documentation agreed by the Parties, including possible work not specifically mentioned in the contract, but necessary for the complete construction of the Facility and its normal operation, and the Customer undertakes to create for the Contractor the necessary conditions to perform work, accept their result and pay the price stipulated by this contract.
1.2. In pursuance of this contract, the Contractor undertakes to produce strip foundation, deliver and install the manufactured log house on it, as well as carry out interior decoration Object.
1.3. The Contractor undertakes to fully complete the construction and hand over the finished Object to the Customer on time before [insert the required].
2. Rights and Obligations of the parties
2.1. The customer has the right:
2.1.1. To exercise control and supervision over the progress and quality of the work performed, compliance with the deadlines for their production, the quality of the materials provided by the Contractor, as well as the correct use of the Customer's materials by him, without interfering in the operational and economic activities of the Contractor.
2.1.2. Refuse to perform this contract and claim damages if the Contractor does not start the execution of this contract in a timely manner or performs the work so slowly that it becomes clearly impossible to complete it by the deadline.
2.1.3. Set a reasonable time for the Contractor to eliminate the deficiencies, if during the performance of the work it becomes obvious that it will not be performed properly, and if the Contractor fails to fulfill this requirement within the appointed time, renounce this contract or entrust the correction of work to another person at the expense of the Contractor, and also demand damages.
2.1.4. Submit claims to the Contractor related to the inadequate quality of the result of the work.
2.1.5. Make changes to the technical documentation for construction.
2.2. The customer is obliged:
2.2.1. Ensure the timely start of work, their normal conduct and completion on time.
2.2.2. Prior to commencement of work, provide the Contractor with land plot for the construction of the Object.
2.2.3. Within [term] after receiving notification of the readiness of the Facility, proceed with the inspection and acceptance of the work performed in the presence of the representatives of the Contractor.
2.2.4. In case of discovery of deviations from the contract that worsen the result of the work, or other shortcomings in the work, immediately report this to the Contractor.
2.2.5. Finance the construction of the Facility in accordance with the terms of this agreement.
2.2.6. At any time before the delivery of the Object to him, refuse to perform this contract by paying the Contractor a part of the established price in proportion to the part of the work performed before the Contractor received a notice of refusal to perform the contract.
2.3. The contractor has the right:
2.3.1. Involve subcontractors in the performance of their obligations.
2.3.2. Require, in accordance with Article 450 of the Civil Code of the Russian Federation, a revision of the estimate if, for reasons beyond his control, the cost of the work exceeded the estimate by at least ten percent.
2.3.3. Demand reimbursement of reasonable expenses incurred by him in connection with the identification and elimination of defects in the technical documentation.
2.3.4. Hold the finished Object until the Customer fulfills the obligation to pay for the work performed.
2.3.5. Do not start work, but suspend or refuse to execute this contract and demand compensation for losses in cases where the Customer’s violation of his obligations under this contract prevents the Contractor from fulfilling the contract, as well as in the presence of circumstances that clearly indicate that the Customer’s performance of the specified duties will not be performed within the stipulated time.
2.3.6. If the Customer evades acceptance of the completed work, sell the result of the work in the manner provided for in paragraph 6 of Art. 720 of the Civil Code of the Russian Federation, and the proceeds, minus all payments due to him, to be deposited in the name of the Customer in the manner prescribed by Article 327 of the Civil Code of the Russian Federation.
2.4. The contractor is obliged:
2.4.1. Carry out construction and related work in accordance with the design and estimate documentation that determines their volume, content and cost.
2.4.2. Ensure the construction of all necessary materials, equipment, parts, structures, components, construction equipment.
2.4.3. Comply with the requirements of the legislation on environmental protection and on the safety of construction work.
2.4.4. Ensure the maintenance and cleaning of the construction site and the surrounding area.
2.4.5. Inform the Customer about the conclusion of subcontracts, indicating the subject of the contract, the name and address of the subcontractor.
2.4.6. Immediately notify the Customer and, until receiving his instructions, suspend work if:
Possible adverse consequences for the Customer of the fulfillment of his instructions on the method of performing the work;
Other circumstances beyond the control of the Contractor that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time.
2.4.7. Within [value] business days, inform the Customer about the readiness of the Object.
2.4.8. Perform all works in the scope and terms stipulated by this agreement and hand over the works to the Customer in a condition that allows the normal operation of the facility.
2.4.9. Timely eliminate shortcomings and defects identified during the acceptance of work and during the warranty period of operation of the Facility.
2.4.10. Present to the Customer the Object in full construction readiness with a set of as-built technical documentation.
2.4.11. Free the construction site from construction machinery, equipment, Vehicle, inventory, building materials, structures, temporary buildings and structures, construction debris within [value]-days from the date of signing the act of acceptance of the completed construction of the Facility.
2.4.12. Ensure smooth operation engineering systems and equipment during normal operation of the Object during the warranty period.
3. Terms of performance of work
3.1. The parties have set the following construction dates:
The initial deadline for completing the work is [day, month, year].
The deadline for completing the work is [day, month, year].
The term for the Object to be put into operation is [insert as appropriate].
3.2. The specified terms can be changed by agreement of the Parties or due to circumstances beyond the control of the Parties.
4. Cost of work and payment procedure
4.1. The cost of work under this contract is determined on the basis of the estimate and amounts to [amount in figures and words] rubles. The estimate is approved by the Parties and is an integral part of this agreement.
4.2. The price of the contract includes the cost of construction and installation works for the construction of the Facility, compensation for the Contractor's costs and the remuneration due to him.
4.3. The cost of the work is solid.
4.4. If the volume of work or the cost of building materials during construction exceeds the figures approved in the design and estimate documentation, the Parties will conclude an additional agreement to this contract to clarify the price of the contract.
4.5. Payment for works by the Customer is made in rubles in cash.
4.6. The Employer shall pay the Contractor an advance payment in the amount of [insert as appropriate].
4.7. The final payment is made by the Customer after the final delivery of the Object, provided that the work is performed properly and within the agreed time.
5. Quality assurance
5.1. The Contractor guarantees the achievement by the Construction Object of the indicators specified in the technical documentation and the possibility of operating the Object in accordance with this contract during the warranty period.
5.2. The warranty period for the work performed is established within [period] from the date of signing by the Parties of the certificate of acceptance of the completed construction of the Facility.
5.3. The course of the warranty period is interrupted for the entire time during which the Object could not be operated due to deficiencies for which the Contractor is responsible.
6. Acceptance of the completed construction facility
6.1. The Contractor, within [value] days from the date of completion of construction, notifies the Owner of the readiness of the Facility for delivery.
6.2. Acceptance by the Customer of the Object is carried out within [value] days from the receipt of notification of its readiness.
6.3. Before accepting the Facility, the Contractor, in the presence of an authorized representative of the Customer, performs a preliminary test of the installed equipment.
6.4. The delivery of the result of work by the Contractor and its acceptance by the Customer are formalized by the act of acceptance of the completed construction of the Facility, signed by both Parties.
6.5. The Customer has the right to refuse to accept the Object in case of detection of defects that exclude the possibility of its use and cannot be eliminated by the Contractor or the Customer.
7. Liability of the parties
7.1. The contractor is responsible for:
Allowed deviations from the requirements provided for in the technical documentation and in the building codes and regulations binding on the Parties, as well as for failure to achieve the indicators of the Construction Object specified in the technical documentation;
Deficiencies in the work performed, which make the Object unsuitable for normal use in the manner provided for in paragraphs 1-3 of Art. 723 of the Civil Code of the Russian Federation;
Deficiencies (defects) found within the warranty period, unless it proves that they occurred due to normal wear and tear of the Object or its parts, its improper operation or incorrect instructions for its operation developed by the Customer himself or third parties involved by him, improper repairs of the Object made by by the Customer himself or by third parties involved by him;
The quality of building materials;
Consequences of non-fulfillment or improper fulfillment of obligations by the subcontractor;
Violation of the requirements of the legislation on environmental protection and on the safety of construction work.
7.2. In the event of a guilty violation of the deadline for the construction of the Facility and the deadline for putting the Facility into operation, the Contractor shall pay the Customer a penalty at the rate of [value]% of the cost of work specified in clause 4.1 of this contract for each day of delay.
7.3. The Customer shall reimburse the Contractor for losses:
Caused by the termination of the contract at the initiative of the Customer, within the difference between the price determined for the entire work and part of the price paid for the work performed;
Caused by the failure to fulfill their obligations under this agreement.
7.4. In case of violation of the terms of payment for the work provided for in Section 4 of this Agreement, the Customer shall pay the Contractor a penalty at the rate of [value]% of the amount of the debt for each day of delay.
7.5. Payment of penalties does not release the Parties from the performance of their obligations in kind.
8. Distribution of risks between the parties
8.1. The risk of accidental loss or accidental damage to the Object prior to its acceptance by the Customer shall be borne by the Contractor.
8.2. In the event of a delay in the delivery of the Object due to the fault of the Customer, the risk of accidental loss of the Object passes to the Customer at the time when the transfer of the Object should have taken place.
9. Force majeure
9.1. The parties are released from liability for full or partial failure to fulfill obligations under this agreement, if it was the result of force majeure circumstances for the duration of these circumstances, if these circumstances directly affected the execution of this agreement.
9.2. If, as a result of force majeure circumstances, the Construction Object suffered significant damage, the Parties are obliged to agree on new terms, the procedure for production and the cost of work in an additional agreement, which from the moment of its signing becomes an integral part of this agreement, or initiate the procedure for terminating the agreement in accordance with the current civil legislation RF.
9.3. If the work can be continued in the manner that was in force under this contract before the start of the force majeure circumstances, then the period for fulfilling obligations under this contract is extended in proportion to the time during which the force majeure circumstances and their consequences were in force.
10. Procedure for termination of the contract
10.1. The customer has the right to terminate this agreement unilaterally in the event of:
Violation by the Contractor of the deadlines for the performance of work, resulting in an increase in the completion date for the construction of the Facility by more than [term];
Non-compliance by the Contractor with the requirements for the quality of work performed.
10.2. This agreement may be terminated in other cases provided for by the current legislation of the Russian Federation.
Sample contracts for the construction of a house between individuals or legal entities in most cases are not typical - in each specific situation there are many nuances associated with the specifics of the project. The more detailed and accurate the obligations and rights of both parties are spelled out in the agreement, the more effective the interaction between them will be. It is important that all clauses of the agreement comply with the requirements of Chapter 37 of the Civil Code of the Russian Federation and be understandable to its participants.
Contract for the construction of a house between an individual and a legal entity
According to this document, the contractor - a legal entity that has the necessary permits - undertakes to fulfill the task of the customer, which is an individual. In this case, the contract for the construction of an individual residential building must include the following provisions:
- information about the parties (passport data of the customer, the name and details of the executing company);
- subject of the agreement (description of the building to be erected; volume and nature of all construction works);
- terms (stages of order fulfillment - dates of its beginning, intermediate checks and completion);
- the price of services and the procedure for calculating the estimate;
- responsibility of the parties (in case of non-compliance with obligations);
- dispute resolution methods.
When concluding a contract for the construction of a house with an individual, the contractor must also indicate the warranty period in order to clearly indicate the area of responsibility.
Sample contract for the construction of a private house
The rights and obligations of persons who have signed a building contract agreement are regulated by paragraph 3 of Chapter 37 Civil Code Russian Federation. However, the rules prescribed in Articles 740-757 apply only to relations between the customer and the contractor that arise from the moment the contract is signed. A sample of each contract for the construction of a private house must take into account other legal documents. These include SNiP (building norms and rules), the Town Planning Code of the Russian Federation.
In addition, the agreement should outline the requirements for materials, special equipment and other resources for the implementation of construction work. Three options are possible: 1) the contractor uses his own funds, 2) the customer provides the contractor with everything necessary for the high-quality execution of the order, 3) both parties participate in the supply of resources.
Contract for the construction of a house between individuals - a sample document
Citizens who do not have the status of individual entrepreneurs are full subjects of civil legal relations. That is, they have the right to conclude transactions, as do legal entities and individual entrepreneurs. To the contract for the construction of a house, concluded between individuals, similar requirements are imposed - it should reflect the scope of work, the dates of their start and completion, the amount of remuneration and the requirements for the result. This type of contract is concluded during the construction, overhaul, assembly, finishing, commissioning and other works.
In addition to the main provisions, the contract for the construction of a house must contain applications:
- acts of acceptance and transfer of equipment and technical documentation;
- act of acceptance of work;
- full bill.
The presence of these additions gives the parties a clear idea of the duties, responsibilities and ways to resolve conflicts.
On our website you can download a contract for the construction of a house, having previously filled out a questionnaire. The constructor will generate a legally competent document that is suitable for your specific situation.